BERT HOWE
  • Nationwide: (800) 482-1822    
    landscaping construction expert witness Anaheim California industrial building expert witness Anaheim California multi family housing expert witness Anaheim California casino resort expert witness Anaheim California condominiums expert witness Anaheim California production housing expert witness Anaheim California parking structure expert witness Anaheim California structural steel construction expert witness Anaheim California Subterranean parking expert witness Anaheim California retail construction expert witness Anaheim California Medical building expert witness Anaheim California tract home expert witness Anaheim California custom homes expert witness Anaheim California hospital construction expert witness Anaheim California custom home expert witness Anaheim California mid-rise construction expert witness Anaheim California housing expert witness Anaheim California institutional building expert witness Anaheim California office building expert witness Anaheim California condominium expert witness Anaheim California high-rise construction expert witness Anaheim California concrete tilt-up expert witness Anaheim California
    Arrange No Cost Consultation
    Construction Expert Witness Builders Information
    Anaheim, California

    California Builders Right To Repair Current Law Summary:

    Current Law Summary: SB800 (codified as Civil Code §§895, et seq) is the most far-reaching, complex law regulating construction defect litigation, right to repair, warranty obligations and maintenance requirements transference in the country. In essence, to afford protection against frivolous lawsuits, builders shall do all the following:A homeowner is obligated to follow all reasonable maintenance obligations and schedules communicated in writing to the homeowner by the builder and product manufacturers, as well as commonly accepted maintenance practices. A failure by a homeowner to follow these obligations, schedules, and practices may subject the homeowner to the affirmative defenses.A builder, under the principles of comparative fault pertaining to affirmative defenses, may be excused, in whole or in part, from any obligation, damage, loss, or liability if the builder can demonstrate any of the following affirmative defenses in response to a claimed violation:


    Construction Expert Witness Contractors Licensing
    Guidelines Anaheim California

    Commercial and Residential Contractors License Required.


    Construction Expert Witness Contractors Building Industry
    Association Directory
    Building Industry Association Southern California - Desert Chapter
    Local # 0532
    77570 Springfield Ln Ste E
    Palm Desert, CA 92211
    http://www.desertchapter.com

    Building Industry Association Southern California - Riverside County Chapter
    Local # 0532
    3891 11th St Ste 312
    Riverside, CA 92501


    Building Industry Association Southern California
    Local # 0532
    17744 Sky Park Circle Suite 170
    Irvine, CA 92614
    http://www.biasc.org

    Building Industry Association Southern California - Orange County Chapter
    Local # 0532
    17744 Skypark Cir Ste 170
    Irvine, CA 92614
    http://www.biaoc.com

    Building Industry Association Southern California - Baldy View Chapter
    Local # 0532
    8711 Monroe Ct Ste B
    Rancho Cucamonga, CA 91730
    http://www.biabuild.com

    Building Industry Association Southern California - LA/Ventura Chapter
    Local # 0532
    28460 Ave Stanford Ste 240
    Santa Clarita, CA 91355


    Building Industry Association Southern California - Building Industry Association of S Ca Antelope Valley
    Local # 0532
    44404 16th St W Suite 107
    Lancaster, CA 93535



    Construction Expert Witness News and Information
    For Anaheim California

    Skyline Bling: A $430 Million Hairpin Tower and Other Naked Bids for Tourism

    California Court of Appeal Adopts Horizontal Exhaustion Rule

    No Coverage for Restoring Aesthetic Uniformity

    Legal Matters Escalate in Aspen Condo Case

    Haight’s John Arbucci and Kristian Moriarty Selected for Super Lawyers’ 2020 Southern California Rising Stars

    U.S. Supreme Court Weighs in on Construction Case

    Construction Insurance Rates Up in the United States

    Priority of Liability Insurance Coverage and Horizontal and Vertical Exhaustion

    Quick Note: Unenforceable Language in Arbitration Provision

    As Trump Visits Border, Texas Landowners Prepare to Fight the Wall

    Gordon & Rees Ranks #5 in Top 50 Construction Law Firms in the Nation

    Small to Midsize Builders Making Profit on Overlooked Lots

    Do You Have A Florida’s Deceptive And Unfair Trade Practices Act Claim

    Draft Federal Legislation Reinforces Advice to Promptly Notify Insurers of COVID-19 Losses

    Court Grants Summary Judgment to Insurer in HVAC Defect Case

    House Passes Bill to Delay EPA Ozone Rule

    Insurance for Large Construction Equipment Such as a Crane

    Hunton Insurance Recovery Lawyers Ranked by Chambers as Top Insurance Practitioners

    Sanctions Award Against Pro Se Plaintiff Upheld

    San Francisco Bucks U.S. Trend With Homeownership Gains

    When a Construction Lender Steps into the Shoes of the Developer, the Door is Open for Claims by the General Contractor

    Hospital Inspection to Include Check for Construction Defects

    Loan Modifications Due to COVID-19 Pandemic: FDIC Answers CARES Act FAQs

    In Pricey California, Renters Near Respite From Landlord Gouging

    Georgia Legislature Passes Additional Procurement Rules

    Virtual Reality for Construction

    Contractor Underpaid Workers, Pocketed the Difference

    China Home Glut May Worsen as Developers Avoid Price Drop

    Insurer Must Pay To Defend Product Defect Claims From Date Of Product Installation

    Florida Project Could Help Address Runoff, Algae Blooms

    House of the Week: Spanish Dream Home on California's Riviera

    Construction Is Holding Back the Economy

    No Indemnity After Insured Settles Breach of Implied Warranty of Habitability Claims

    Construction Law Alert: Builder’s Alternative Pre-litigation Procedures Upheld Over Strong Opposition

    General Liability Alert: A Mixed Cause of Action with Protected and Non-Protected Activity Not Subject to Anti-SLAPP Motion

    Back Posting with Thoughts on Lien Waivers

    Housing Bill Threatened by Rift on Help for Disadvantaged

    Harmon Hotel Construction Defect Update

    Florida Court of Appeals Rejects Insurer’s Attempt to Intervene in Underlying Lawsuit to Submit Special Interrogatories

    Homebuilders See Record Bearish Bets on Shaky Recovery

    Creative Avenue for Judgment Creditor to Collect a Judgment

    Five-Year Statute of Limitations on Performance-Type Surety Bonds

    Sometimes a Reminder is in Order. . .

    Time to Repair Nevada’s Construction Defect Laws?

    Fla. Researchers Probe 'Mother of All Sinkholes'

    Speeding up Infrastructure Projects with the Cloud

    FIFA May Reduce World Cup Stadiums in Russia on Economic Concern

    Despite Construction Gains, Cement Maker Sees Loss

    Thank Your Founding Fathers for Mechanic’s Liens

    SB 721 – California Multi-Family Buildings New Require Inspections of “EEEs”
    Corporate Profile

    ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    With over four thousand construction and design related expert designations, the Anaheim, California Construction Expert Directory provides a wide range of trial support and construction consulting services to attorneys and construction practice groups concerned with construction defect and claims matters. BHA provides building related litigation support and expert witness services to the nation's most recognized builders, risk managers, legal professionals, owners, state and local government agencies. Utilizing captive assets which comprise construction standard of care consultants, registered architects, professional engineers, and credentialed building envelope experts, the construction experts group brings specialized experience and local capabilities to Anaheim and the surrounding areas.

    Anaheim California civil engineer expert witnessAnaheim California architectural engineering expert witnessAnaheim California OSHA expert witness constructionAnaheim California construction claims expert witnessAnaheim California architect expert witnessAnaheim California building consultant expertAnaheim California contractor expert witness
    Construction Expert Witness News & Info
    Anaheim, California

    LEEDigation: A Different Take

    June 22, 2020 —
    This weeks Guest Post Friday at Musings is a real treat. Sara Sweeney is a registered architect, LEED AP and GreenFaith Fellow in religious environmental leadership. Her 18-year architectural career reflects her passion and commitment to sustainable building design and stewardship of our natural environment. She is the founder of EcoVision LLC, a solutions-based research and consulting firm, grounded in sustainable design practices, environmental stewardship, and building science. Dude Every so often I come across a word that drives me nuts. A few years ago it was ‘Dude.’ Lately, it is ‘LEEDigation.’ It’s a new term to “describe green building litigation” coined by Chris Cheatham, a fine person and very knowledgeable attorney in construction law and a LEED AP as well. Per his definition, LEEDigation “could involve disputes arising from green building certification, could arise if a project fails to obtain government incentives or satisfy mandates for green building construction, or could simply result from improperly designed or constructed green building strategies. It all makes sense. So why does it drive me nuts? Round Peg. Square Hole. Although I fully understand why the term was coined, such a term keeps us in flat world, that is, the world of conventional design and construction. Designing and building to LEED standards, or rather, just designing and building sustainably in general, whether to meet a third party standard or not, is a different way than what we have been used to. Period. Whereas our conventional way is focused on first costs, and sees the building more as a commodity than the human imprint and legacy on Earth, sustainable design and building is a process which, at its best, considers the economic impacts of NOT building responsibly. It is a more holistic way of building and balances long-term costs and implications with short term costs. Read the court decision
    Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    California Appellate Court Holds “Minimal Causal Connection” Satisfies Causation Requirement in All Risk Policies

    July 20, 2020 —
    On May 26, 2020, a California Court of Appeals (4th District) issued its decision in Mosley et al. v. Pacific Specialty Ins. Co. The case arose in the context of a marijuana-growing tenant who rerouted a home’s electrical system and caused an electrical fire. The issue was whether the homeowner’s policy covered the loss. The trial court granted the insurer’s motion for summary judgment and, in a divided decision, the Court of Appeals reversed in part. The policy excluded losses “resulting from any manufacturing, production or operation, engaged in … the growing of plants.” The parties agreed that the fire resulted from the rewiring of the electrical system, but disagreed on “whether that means the damage” “result[ed] from” “the growing of plants.” The Court held that “resulting from” “broadly links a factual situation with the event creating liability, and connotes only a minimal causal connection or incidental relationship.” In doing so, it equated the terms “results from” and “arising from.” Concluding that a “common sense” approach was to be used, it found a “minimal causal connection” to be present. This expansive standard could be beneficial to policyholders in arguing the causal connection between COVID-19 and ensuing business interruption losses; specifically, that the pandemic, a covered event, is the underlying and proximate cause of the insureds’ physical loss and/or damage and the insured’s resulting business interruption loss, and that intervening events, whether they be orders of civil authority, prevention of ingress/egress or otherwise, would not sever the chain of causation. Reprinted courtesy of Scott P. DeVries, Hunton Andrews Kurth and Michael S. Levine, Hunton Andrews Kurth Mr. DeVries may be contacted at sdevries@HuntonAK.com Mr. Levine may be contacted at mlevine@HuntonAK.com Read the court decision
    Read the full story...
    Reprinted courtesy of

    Request for Stay Denied in Dispute Over Coverage for Volcano Damage

    August 10, 2020 —
    Although there were concurrent state and federal proceedings regarding the insureds' claims for damage caused by Kilauea Volcano, the federal district court refused to dismiss or stay the federal action. Aqulina v Certain Underwriters at Lloyd's Syndicate #2003, 2020 U.S. District Ct. LEXIS 101832 (D. Haw. June 10, 2020). Plaintiffs held homeowner's policies from Lloyd's that were brokered and underwritten by various defendants. Coverage from the May 2018 eruption of Kilauea Volcano was denied based upon an exclusion precluding coverage for lava-related damage. Plaintiffs sued Lloyds and various brokers in federal court, alleging that defendants had engaged in a deceptive scheme to defraud plaintiffs and deprive them of meaningful coverage. Lawsuits were also filed in state court, with plaintiffs arguing their losses were covered by their policies and that defendants wrongfully relied solely on the lava exclusion to deny claims. Read the court decision
    Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    AB5 Construction Exemption - A Checklist to Avoid Application of AB5's Three-Part Test

    May 18, 2020 —
    Construction companies have a unique opportunity to avoid the application of the restrictive new independent contractors' law that took effect this year. This article provides a checklist that will help construction companies determine whether their relationships with subcontractors qualify for this exemption. California’s Assembly Bill 5 (“AB5”), which went into effect Jan. 1, 2020, enacts into a statute last year’s California Supreme Court decision in Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018), and the Court’s three-part standard (the “ABC test”) for determining whether a worker may be classified as an employee or an independent contractor. Certain professions and industries are potentially exempt from this standard, including the construction industry. The ABC test does not apply to the relationship between a contractor and an individual performing work pursuant to a subcontractor in the construction industry if certain criteria are met. In order for the “construction exemption” to apply, the contractor must demonstrate that all of the following criteria are satisfied. Read the court decision
    Read the full story...
    Reprinted courtesy of Blake A. Dillion, Payne & Fears
    Mr. Dillion may be contacted at bad@paynefears.com

    Class Action Certification by Association for “Matters of Common Interest”

    August 24, 2020 —
    Associations have authority to pursue as a class, on behalf of all of their respective members, lawsuits “concerning members of common interest to the members.” Fla. R. Civ. P. 1.221. This includes, but is not limited to, the common property or the areas in which the association is responsible. But, what about matters or elements for which the association is not responsible or does not own? For example, issues or damages relative to a specific unit or owner that are prevalent throughout? The Third District Court of Appeal addressed this question in Allied Tube and Conduit Corp. v. Latitude on the River Condominium Association, Inc., 45 Fla. L. Weekly D1518a (Fla. 3d DCA 2020) when in affirmed a class certification by a condominium association relating to the removal and replacement of the condominium building’s defective fire sprinkler system. In affirming the class certification by the condominium association, the Third District maintained:
    Rule 1.221 expressly authorizes condominium associations to “institute, maintain, settle, or appeal actions or hearings in its name on behalf of all association members concerning matters of common interest to the members.” “[A]s to controversies affecting the matters of common interest . . ., the condominium association, without more, should be construed to represent the class composed of its members as a matter of law.” “[T]he common interest provision of the rule has been interpreted to permit a class action by the association for a construction defect located physically within a unit, rather than in the common elements, if the defect is prevalent throughout the building.” We, therefore, cannot say the trial court abused its discretion in finding that damages resulting from the replacement of the fire-sprinkler system throughout the building were a matter of common interest for purposes of certification at this stage of the litigation. Allied Tube and Conduit Corp, supra (internal citations omitted).
    Read the court decision
    Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    Construction Legislation Likely to Take Effect July 1, 2020

    April 27, 2020 —
    Coronavirus is dominating the news and planning for the effects of COVID-19 is a big deal for construction companies in the Commonwealth. However, these issues, though immediate, are not the only ones that have popped up here at the beginning of 2020. Several bills that I have been monitoring (here and here) have recently passed both the House of Delegates and the Virginia Senate and are on their way to the Governor for signature (a signature that is most likely going to happen in each case). Among those bills that did not pass are a bill that would have eliminated right to work in Virginia and allowed so called “closed shops” as well as fair share fees legislation that would have required those that were not part of a union to pay certain portions of union expenses. Read the court decision
    Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Engineering, Architecture, and Modern Technology – An Interview with Dr. Jakob Strømann-Andersen

    September 14, 2020 —
    We sat down with Dr. Jakob Strømann-Andersen of Henning Larsen’s Sustainability Engineering Department. Our talk covered the need for interdisciplinary research, sustainable practice, and how technology will lead change in the years ahead. Can you tell us a bit about your professional background and what you’re currently working on? I’m a partner with Henning Larsen and work with around 300 architects globally. We’re based in Copenhagen where we’re 200 people strong, with branches throughout the world. I’m a trained engineer with a civil engineering background – making me the first partner that’s not an architect. I’ve been with the company for 15 years and joined as an industrial research Ph.D. in Denmark. For my first three years here, I was employed as a researcher doing research and energy-efficient building design. And that’s where we started with our approach to sustainability. Read the court decision
    Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi

    Daily Reports – The Swiss Army Knife of Project Documentation

    June 08, 2020 —
    Project “Daily Reports” are some of the most important, yet overlooked aspects of a construction project. These reports serve many beneficial roles such as holding parties accountable to their obligations, providing the basis for an as-built schedule, recording manpower, documenting site conditions, and recording any other important and relevant information that happened on the job site that day. Daily reports can also provide information to help with claims or disputes that may arise in the future, such as noting weather delays, providing backup for future delay claims, and providing information to dispute claims made against your company. Finally, daily reports also serve as a useful communication tool during the project and a source of real time information for parties that want to know how the work is commencing on a day to day basis. Because daily reports are the “Swiss army knife” of project documentation, it is extremely important that a contractor puts for its best effort when creating them. It is no secret that a construction project can become more chaotic as the schedule progresses. Unfortunately, when that is the case, the effort put into creating these reports drops off and sometimes the responsibility of creating such reports is thrown aside altogether. I can speak from experience. Prior to entering the practice of law, I was a project engineer for a general contractor in Atlanta. As an engineer in the field, one of my many responsibilities was to enter the daily reports. Based off this experience, below are some thoughts on how to prepare useful daily reports. 1. Check the contract. The contract you entered may set forth specific requirements for the daily reports, such as where to file them, the required format, and specific information that must be included. Complying with contractual requirements is necessary for a successful project. One word of caution for subcontractors, a subcontract will often incorporate the prime contract. If that is the case, be sure to check the prime contract for any specific language relating to daily reports. Read the court decision
    Read the full story...
    Reprinted courtesy of Christopher A. Henry, Jones Walker LLP
    Mr. Henry may be contacted at chenry@joneswalker.com